- 28 - existence of which is in doubt in light of 2618's lease of its furniture, furnishings, fixtures and all leasehold improvements from petitioner). So-called “other assets”, described on a schedule attached to the return as “FIT deposits” ($3,866) and “Bond Sales Tax” ($675), appear to be prepayments of anticipated liabilities that one would expect to continue for the benefit of JKP. Even if all or a portion of the $21,352 in cash listed on the 1989 return balance sheet remained in November 1990, it is more likely to have gone to JKP in order to satisfy its current operating needs (the 1989 return balance sheet listed $17,490 in accounts payable and $10,633 in other short-term obligations) than to petitioner. We find that respondent’s speculation that the assets listed on the 1989 return balance sheet remained in existence and were distributed to petitioner some 10 months later is implausible, and we find, based upon the evidence before us (including petitioner’s uncontradicted testimony), that petitioner received none of the assets listed on the 1989 return balance sheet in connection with the November 1990 transfer of the club from 2618 to JKP. Therefore, we reject respondent’s argument that petitioner was in receipt of a distribution taxable under section 356(a)(1)(B) and (2).Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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